Third Arbitrator. In case the notified party or parties shall fail to make a selection upon notice, as aforesaid, or in case the first two arbitrators selected shall fail to agree upon a third arbitrator within ten days after their selection, then such arbitrator or arbitrators may, upon application made by either of the parties to the controversy, after 20 days' written notice thereof to the other party or parties, have a third arbitrator appointed by any judge of any United States court of record having jurisdiction in the state in which the Leased Property is located or, if such office shall not then exist, by a judge holding an office most nearly corresponding thereto.
Third Arbitrator. In case the notified party or parties shall fail to make a selection upon notice, as aforesaid, or in case the first two (2) arbitrators selected shall fail to agree upon a third arbitrator within ten (10) days after their selection, then such arbitrator or arbitrators, may, upon application made by either of the parties to the controversy, after twenty (20) days' written notice thereof to the other party or parties, be appointed by the Senior Judge of the United States District Court having jurisdiction of controversies litigated in Nashville Tennessee.
Third Arbitrator. The two (2) arbitrators so appointed shall within ten (10) days of the date of the appointment of the last appointed arbitrator agree upon and appoint a third arbitrator who shall be qualified under the same criteria as set forth hereinabove for qualification of the initial two (2) arbitrators.
Third Arbitrator. Within seven (7) days following the selection of the second arbitrator, the two arbitrators selected in accordance with subsections
(a) and (b) will select a third arbitrator. If they fail to do so within that time period, either party may apply to the Circuit Court of Cook County, Illinois to appoint a third arbitrator.
Third Arbitrator. If the two arbitrators first appointed do not agree to fixing the rent within the time above limited, they shall forthwith agree upon a third arbitrator and the decision of the three arbitrators or any two of them shall determine the rent for the Leased Premises for the renewal term. If the two arbitrators first appointed are unable to agree on a third arbitrator, his appointment shall be made by a Judge of the Ontario Court (General Division). If the decision of the arbitrators is delayed beyond the commencement of the renewal term the Tenant shall continue to pay rent as if the original term had not expired, and when the rent for the renewal term is decided upon, the Landlord shall refund the overpayments of rent (if any) and the Tenant shall pay the deficiency in rent payments (if any.
(c) Right of First Refusal Provided that the Tenant is not in default of any of the provisions of the Lease, then Tenant shall, have a first right of refusal to lease that portion of the premises which immediately adjoining the Leased Premises and shown in the approximate location hatched in red on Schedule "C" hereof (the "Additional Premises"). If the Landlord receives a bona fide offer to lease (the "Offer") the Additional Premises which Landlord is willing to accept, then Landlord shall forthwith deliver a true copy of the Offer to Tenant and, on receipt thereof, Tenant shall have seven (7) days within which to submit a written offer to lease as contained in the Offer, and if Tenant does so, Landlord shall lease the Additional Premises to Tenant, and Tenant shall forthwith enter into a lease amending agreement prepared by Landlord whereby the Additional Premises shall form a part of the premises, and the terms of the Lease shall govern the Tenancy of the Additional Premises, save as otherwise set forth in the Offer. If the Tenant fails to submit a written offer to lease the Additional Premises within the seven (7) day period in the manner aforesaid, then Tenant shall be deemed to have waived its first right of refusal hereby granted, and the Landlord shall be free to lease the Additional Premises pursuant to the Offer, so long as the Lease for the Additional Premises shall not have a term which exceeds one (1) year and so long as the lease does not contain an option to renew the Lease of the Additional Premises. In the event that the Additional Premises are leased to a party other than the Tenant, the Tenant shall enjoy the right of first refusal on a yearly basis, at...
Third Arbitrator. 3.03(c) Total Operating Costs....................................................4.02(a) Transfer...................................................................13.01
Third Arbitrator. Within seven (7) days following the selection of the second arbitrator, the two arbitrators selected in accordance with subsections (a) and (b) will select a third arbitrator. If they fail to do so within that time period, either party may apply to the Superior Court for Spokane County, State of Washington, to appoint a third arbitrator.
Third Arbitrator. If the two arbitrators nominated by the parties are unable, within thirty (30) days after their appointment, to agree upon which Final Estimate most closely approximates the Fair Market Rental Rate then said arbitrators shall forthwith and within five (5) days thereafter appoint, in writing, a third arbitrator (who shall agree that his/her fee for services rendered as arbitrators shall not exceed the higher of the fees charged by the first two arbitrators) and shall give written notice of such appointment to both Landlord and Tenant. In the event the arbitrators appointed by the parties fail to appoint or agree upon such third arbitrator within said five (5) day period, a third arbitrator shall be selected by Landlord and Tenant if they so agree within the further period of five (5) days. If the initial two arbitrators fail to agree upon and appointing a third arbitrator within such time period, then Landlord or Tenant may apply to any state district court judge of the State of Texas, in Harris County, Texas, for the appointment of such xxxxxxator and the decision of such judge shall be binding on the parties. Within ten (10) days following appointment of the third arbitrator, Landlord and Tenant shall cause their respective arbitrators to provide such third arbitrator a statement of Fair Market Rental Rate (which may vary from their Final Estimates); such statement may be accompanied by such supporting materials as Landlord or Tenant may desire. Such third arbitrator shall determine which of the rates submitted to it by the parties most closely equals, in such third arbitrator's opinion, the Fair Market Rental Rate and shall give written notice thereof to the parties within thirty (30) days following his appointment. The third arbitrator's determination shall be controlling and binding on the parties hereto.
Third Arbitrator. Within seven (7) days following the selection of the second arbitrator, the two arbitrators selected in accordance with subsections (a) and (b) above will select a third arbitrator. If they fail to do so within that time period, either party may apply to the United States District Court in the district in which the demanding party has its principal place of business, to designate the third arbitrator.
Third Arbitrator. If the two arbitrators nominated by the parties are unable to agree upon which Final Estimate most closely approximates the Fair Market Value rental rate, then said arbitrators shall within five (5) days after both of said arbitrators have made their determinations, appoint, in writing, a third arbitrator (who shall agree that his/her fee for services rendered as arbitrators shall not exceed the higher of the fees charged by the first two arbitrators) and shall give written notice of such appointment to both Landlord and Tenant. In the event the arbitrators appointed by the parties fail to appoint or agree upon such third arbitrator within said five (5) day period, a third arbitrator shall be selected by Landlord and Tenant if they so agree within the further period of five (5) days. If the initial two arbitrators fail to agree upon the appointment of a third arbitrator within such time period, then Landlord or Tenant may apply to any state district court judge of the State of Texas, in Xxxxxx County, Texas, for the appointment of such arbitrator and the decision of such judge shall be binding on the parties. Such third arbitrator shall, in good faith, determine, pursuant to the procedures set forth herein above, which of the Final Estimates of the parties most closely equals the Fair Market Value rental rate. The third arbitrator's determination of such evaluation shall be controlling and binding on the parties hereto and shall be completed within fifteen (15) business days after appointment of the third arbitrator. When the arbitrators resolve the matter in dispute, they shall notify the Landlord and Tenant thereof in writing on or before expiration of the applicable period of time as set forth above. Such notice shall state the nature of the dispute and the resolution.
